A first stocktaking in light of the coronavirus crisis march 26, 2020. Schill, international investment law and comparative public law. Although the connections between private international law and comparative law. International investment law and the public law analogy chapter. This paper analyses the status, rights and obligations of multinational corporations mncs under international law, focusing in particular on international human rights, investment, environmental. Under a public law approach to international investment law, parallel problematiques in domestic public law and in other international legal regimes should be studied in order to resolve investorstate disputes in ways that are acceptable to. Epub book international investment law and comparative. In order to provide some guidance for the interpretation of expropriation provisions in international investment. The public law dimensions, in fact, extend beyond the single host state and concern foreign investors and states more generally, as investment treaty arbitration. Fair and equitable treatment is one of the core concepts in international investment law. International investment law and comparative public law an introduction stephan w. British institute of international and comparative law.
This site is like a library, use search box in the widget to get ebook that you want. Under the terms of the licence agreement, an individual. Using the public law concept of proportionality to balance investment protection with regulation in international investment law. This chapter provides an introduction to the conceptual foundations of the book. Comparative public law methodology in international investment. That bridge will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more. Stephan is an expert on international business, international dispute resolution and comparative law, with an emphasis on soviet and postsoviet legal systems. An analysis of the specific interactions between comparative law and private international law goes beyond this general truth and provides insights relevant for both disciplines. Nonetheless, i am confident it will spark debate in many areas of international investment law and provide somewhat of a blueprint for subsequent comparative analyses that aim at informing public international law. International investment law and comparative public law epub book pdf book feb 03, 2020. International and comparative law quarterly 867894 2011october. Schill s ed international investment law and comparative public law. Procedure in investment treaty arbitration and the relevance of comparative public law 659 chester brown 22. International investment law enjoys growing practical as well as scholarly attention.
Investment treaty arbitration has a hybrid nature combining public international law as regards its substance with elements of international commercial. Primary and secondary remedies in international investment law. Free international law books download ebooks online. International law for business aims at providing the regulations required for execution of international. International investment law and comparative public law edited by stephan w. Jessup wrote about the concept of transnational law, or the body of law that regulates actions or events that transcend national frontiers.
Comparative public law methodology in international. Associate professor osgoode hall law school, york university. Ethiopian civil service university ecsu comparative. International investment law and comparative public law. International investment law and comparative public law by. Institute for comparative public law and international law in heidelberg. International investment law and comparative public lawan. Public international law comprehensive course notes. Public law aspects of international investment law, law. International investment law and comparative public law oxford. It points to the need to develop new conceptual approaches to remedy discontents that have emerged in relation to international investment law. On a comparative approach to international investment law see also stephan w schill ed, international investment law and comparative public law. National treatment in international investment law and the wto in s. National treatment and international investment law law.
Both public and 6 james crawford, brownlies principles of public international law. International investment law and comparative public law stephan w schill abstract investment treaty arbitration has a hybrid nature combining public international law. The science of international law can no longer be content with the analogous. Still, for a long time, they have been littleknown and littleused instruments under international law. Cambridge journal of international and comparative law. With mounting numbers of investment treaties and investment treaty arbitration, international law scholars, legal practitioners, civil society, investment law policymakers, international organizations, and investment. International investment treaties constitute one of the principal instruments to enhance the rule of law in investorstate relations. The concept of indirect expropriation in comparative.
Cambridge unive rsit y pre ss 9781107093317 analogies in international investment law and arbitration valentina vadi frontmatter more information. It suggests that, institutional reform not being likely, the most promising avenue to increase accountability and legitimacy in this field is to conceptualize. International and comparative law harvard law school. International law and justice working papers iilj working paper 20066. Comparative public law methodology in international investment law written by stephan schill. The international public law paradigm 207 wto law 209 human rights law. In contrast to domestic systems, the areas examined in international law. Kurtz j 2010 the merits and limits of comparativism. Still, for a long time, they have been littleknown and littleused instruments under international law by which states, mostly on a bilateral level, but increasingly. Comparative public law download ebook pdf, epub, tuebl, mobi. The concept of indirect expropriation in comparative public lawsearching for light in the dark markus perkams.
The british institute of international and comparative law biicl provides informed, independent and practical legal ideas for a global community. The focus is on cases in the areas of wto law, investment law and human rights law. Its high quality and respected work involves analysis and. This provides, in a way, for a more institutional dimension of projects on the study of comparative public law in international investment law. Buy international investment law and comparative public law by stephan w. In addition to writing prolifically in these fields, stephan has advised governments and international. Public international law is traditionally defined as the law between sovereign nationstates, hereinafter, states, especially within the context of the laws of war, peace and security, and protection of territories. Schill, seeks to profit from such view by assessing various issues of international investment law through the public law lens. Investment treaty arbitration has a hybrid nature combining public international law as regards its substance with elements of international commercial arbitration as regards procedure. It is found that the case law is not yet extensive, and perhaps as a result that no coherent picture emerges. Pdf multinational corporations in international law.
In fact, as i will discuss in my next post, comparative public law analysis is increasingly seeping into investorstate arbitration. It appears prominently in almost all of the more than 2,600. General public international law and international. General public international law and international investment law.
International investment law and comparative public law stephan w. Comparative reasoning in international courts and tribunals by daniel peat june 2019. International investment law and comparative public law oxford university press, 2010 28. Primary and secondary remedies in international investment. Schill, internaitonal investment law and comparative public law. Schill minimum standards of procedural justice in administrative adjudication giacinto della cananea public law concepts to balance investors rights with state regulatory actions in the public. Table of contents overview of international law il 9 definition 9. The subcommittee on international investment law was founded against the background of the increasing significance of international investment law both globally and as relates to germany. Privatizing public international law through inconsistent decisions, 73 fordham l. The growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of crossborder financial flows, has given rise to a huge expansion in the incidence of new investment. Primary and secondary remedies in international investment law and national state liability. Public law concepts to balance investors rights with state actions 78 therefore discusses how proportionality analysis can be accommodatedand by some tribunals has already been employedas an interpretation technique for principles of international investment law. Indirect expropriation and the right to regulate in international investment law, oecd working papers on international investment.
714 660 413 367 167 74 381 861 395 1069 1470 93 1235 115 1125 368 1419 1482 644 1204 990 20 348 743 1079 188 670